Thursday, August 23, 2007

That big DUI issue

Yesterday, the Fourth Circuit in U.S. v. Washington, in an opinion by Judge Niemeyer, joined by Judge Traxler, with Judge Michael dissenting, rejected the argument that a criminal defendant charged with driving while under the influence has a constitutional right under the Confrontation Clause to cross-examine the lab technician who handled his blood or breath test.

That's one of those issues that became interesting again after the Supreme Court's decision in Crawford, which creates an issue someone might raise any time out-of-court statements are used to try convict someone.